SECTION 4985. When the pirmary has been held to make nominations of candidates to be voted for at the ensuing November election, the board of deputy state supervisors shall place the names of the persons so nominated upon the official ballot as the candidates of the respective political parties nominating them. (99 v. 222 § 30.)

SECTION 4986. If the primary has been held to elect delegates and alternates to a national convention, the several boards of deputy state supervisors and the state supervisor of elections shall perform the same duties with regard to such election as with regard to the nomination of candidates for state and district offices. Returns shall be made and canvassed in a similar manner as for state and district offices and such state supervisor, or boards of deputy state supervisors, shall, without fee, make and, upon demand, deliver to the persons who may have been chosen, certificates of their election. And no other delegate or alternate shall be entitled to sit, or participate, in such convention. A list of the delegates and alternates of each party who may have been chosen, shall be filed and kept in the office of such state supervisor for one year. (103 v. 485.)

election to

SECTION 4987. If members of a state central commit- Certificates of tee have been elected at any primary election, the several members of boards of deputy state supervisors and the state supervisor committee. of elections shall perform the same duties with regard to the election of such committees as with regard to the nomination of candidates for district offices. Returns shall be made and canvassed as for such nominations. And said state supervisor shall, without fee, and upon demand, deliver to the persons elected, certificates of their election. A list of committeemen of each party who may have been thus chosen shall be filed and kept in the office of such state supervisor of elections for two years and it shall be the official roll of the committee. In like manner if members of a county central committee or delegates to a state convention have been elected the board of deputy state supervisors of elections shall perform the same duties with regard to the election of such committeemen as with regard to the nomination of candidates for township offices. Returns shall be made and canvassed as for such nominations and said board of deputy state supervisors shall without fee, and upon demand, deliver to the persons who may have been chosen certificates of their election. A list of committeemen of each party who may have been chosen shall be filed and kept in the office of such board for two years and it shall be the official roll of the committee. (103 v. 485.)

SECTION 4988. When at any primary there is a tie vote for nomination or election in any case in which the nomination papers have been filed with the state supervisor of elections the candidates having the highest and equal number of votes shall, after due notice, within ten days and in the presence of such state supervisor at the time and place to be fixed by him, determine the result by lot. If

List of commitoffice of state supervisor.

teemen filled in

How result decases of tie vote.

termined in

26527A

they fail to do so, such state supervisor shall determine the result in a similar manner. In the event of a tie vote in other cases the candidates having the highest and equal number of votes shall, after due notice, within five days in the presence of the board of deputy state supervisors with which the nomination papers were filed at a time and place to be fixed by such board, determine the result by lot and if the candidates fail to do so such board shall be authorized to determine the same in a similar manner. (103 v. 486.)

SECTION 4989. In case of a vacancy or vacancies in the list of nominations occurring by death or otherwise, after the result has been declared, such vacancy or vacancies shall be filled by the proper controlling committee of the party in which such vacancy, or vacancies, occur, and the names of the candidates, delegates or committeemen, as the case may be, selected by such committee, shall, in the case of offices, the nomination papers for which have to be filed with the state supervisor of elections be reported to such state supervisor and, in the case of other offices, shall be reported to the proper board or boards of deputy state supervisors, and such state supervisor or board, or boards, shall cause such name or names to be placed on the official ballots, lists or rolls. (103 v. 486.)

NOTE: This procedure applies to vacancies occurring after the declaration of the result of the primary election, and to vacancies in the list of nominations actually made at the primary election only. Atty. Gen. 8-13-09.

This section does not authorize the filling of a vacancy resulting from failure to nominate a candidate for such office at the primary election. Atty. Gen. 8-18-09.

See Sec. 4984-1.

SECTION 4990. For their services in conducting primary elections, members of boards of deputy state supervisors shall each receive for his services the sum of two dollars for each election precinct in his respective county, and the clerk shall receive for his services the sum of three dollars for each election precinct in his county, and judges and clerks of election shall receive the same compensation as is provided by law for such officers at general elections. (99 v. 223 § 35.)

Provisions of G. C. Sec. 4990 are not inconsistent with Art. V, Sec. 7, of the amendments of 1912 to the constitution, and by the provisions of that section of the statutes each member of the board of deputy state supervisors of elections is entitled to receive, as compensation for his services in conducting a primary election provided for by this section, to be held in September of odd numbered years, the sum of two dollars for each precinct in his county whether primary elections were actually held in all of the precincts of his county or not. State, ex rel., v. Hogg, 1 Ohio App. 205, 19 0. Č. C. (N. S.) 55, 24, O. C. D. 354, 58 Bull. 489 (Ed.).

SECTION 4991. All expenses of primary elections, including cost of supplies for election precincts and compensation of the members and clerks of boards of deputy state supervisors, and judges and clerks of election, shall be paid in the manner provided by law for the payment of similar expenses for general elections except that the expenses of primary elections in political divisions less than a county

shall be a charge against the township, city, village or political division in which said election was held, and the amount so paid by the county shall be retained by the county auditor, from funds due such township, city, village or political division, at the time of making the semi-annual distribution of taxes. The amount of such expenses shall be ascertained and apportioned by the deputy state supervisors to the several political divisions and certified to the county auditor. In municipalities situated in two or more counties, the proportion of expense charged to each of such counties shall be ascertained and apportioned by the clerk or auditor of the municipality and certified by him to the several county auditors.

County commissioners, township trustees, councils, boards of education or other authorities, authorized to levy taxes, shall make the necessary levy to meet such expenses. (103 v. 510.)

when and by

SECTION 4991-1. In the year 1914, and every fourth Party platform, year thereafter, the candidates for state offices, except whom framed. judicial offices, the candidates for member of the general assembly, the members of the state executive and central committees and the chairmen of the county central and executive committees of each political party which shall have selected candidates at the primary election of such year shall meet at such place as the state central committee of such party may designate on the second Tuesday after such primary and shall forthwith formulate the state platform of such party, which said state platform of each political party shall be so framed at such time that it shall be made public not later than six o'clock in the afternoon of the following Thursday. (103 v. 486.)

How nominations made.

4999.

4998. Names of nominees for board published. Nomination of candidates for

5010.

other

offices.

5011.

5000.

Signers to name committee to fill vacan-
cies.

5012.

5001.

Signer pledged to vote for nominee.

5002.

Oath by one of the signers,

5013.

5003.

Contents of certificates.

5004. Where and when certificates and nomination papers shall be filed.

5014.
5015.

Nomination

of candidates.

Certificate of nomination.

Notice of objection must be given.
Certified party name may be rejected,

when.

How vacancy on ticket filled or defect
in certificate corrected.

Certificate in case of filling vacancy.
Vacancy caused by death of candidate

after ballots printed; adhesive slips or
pasters.

Vacancies shall be filled by central com-
mittee.

Device to designate party candidates.
Transmission of certified copies of cer-
tificates.

SECTION 4992. Except as provided by the preceding
chapter of this title, nominations of candidates for public
office may be made as herein prescribed. (103 v. 843.)

NOTE-A citizen's ticket, nominated by petition, and which polled at least one per cent of the entire vote, does not entitle a similar ticket to a place on the ballot at a subsequent election, without a petition as provided by sections 4996 and 4999. Only those parties which have a state organization, and which cast the requisite number of votes in the entire state are entitled to representation on the ballot as a party.

Where a "citizens' ticket" has been nominated by a caucus or convention and the certificate thereof filled with the board of deputy state supervisors, it is the duty of the deputy state supervisors to disregard and reject such ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition.

A ticket nominated by petition is not entitled to go under a party ticket, as a regular party ticket.

A primary election must be held under the auspices of some party. Under the law there cannot be a nonpartisan primary. The method provided for placing a person on the ticket without regard to party is by petition.

The requirements of Section 6 (89 0. L. 434) that certified nominations of candidates for public offices must be made by "convention, caucus, meeting of qualified electors, primary election held by such electors or central or executive committee, representing a political party, which at the next preceding election polled at least one per cent of the entire vote cast in the state" is not repugnant to any provision of the constitution.

State ex rel. Richard Plimmer v. Poston et al., 58 O. S. 620.

A number of citizens cannot caucus for the purpose of nominating a ticket,
A ticket may be nominated by caucus only by an existing political party.
A
citizen's ticket must be nominated by petition.

A political party does not have the right to fill a vacancy on its ticket by
petition.

A person who has been a candidate at the primary is not thereby prevented from circulating a petition to be an independent candidate, and persons who voted at the primary are not thereby prevented from signing the same. Sec. 4950 G. C.

A political party casting more than one per cent of the total vote for state officers in the state is entitled to exercise rights under section 4992 in and with respect to any of the political subdivisions of the state regardless of the number of votes cast by it in such subdivisions. Its rights under section 4992 are to be determined by the votes cast in the state at large for state officers. Atty. Gen. 4-28-10.

SECTION 4993. Each certificate of nomination shall state such facts as are in this chapter required for its acceptance and be signed by the proper officers of such convention, caucus, meeting, primary election or committee, who shall add to their signatures their places of resi

1

dence and postoffice addresses and make oath before an officer qualified to administer it that the facts stated in the certificate are true to the best of their knowledge and belief. A certificate of the oath shall be annexed to the certificate of nomination. (89 v. 434 § 6.)

NOTE: Within the meaning of section 2966-18, Revised Statutes, the chairman and secretary of a nominating convention are "proper officers" to execute certificate of nominations made by such convention.

A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may present their claims for determination by the election board named in Section 2966-23, Revised Statutes.

Upon an application of this character the court will consider only questions relating to the relator's right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board.

State ex rel. Milner v. Jones, Secretary, 74 0. S. 418.

Political parties, being voluntary associations, the conventions of such parties are necessarily the sole judges of the elections, returns and qualifications of their members, and courts of equity can not restrain the members of such conventions or the members of the committees on credentials from arbitrarily seating certain delegates therein. In re Contempt v. Grear, Jr., 6 N. P. 312.

Either political party may nominate and have placed on its ticket as candidates for offices, persons who have been nominated for the same office by another political party.

Gregg v. Rogers, 1 N. P. 117.

state committee

other party can

SECTION 4994. Such certificate of nomination shall certificate shall also state the names and addresses of a committee author- to vacancies. ized to represent such political party, and such committee may fill vacancies which occur in the list of nominations, unless it is otherwise specially ordered at the time of the selection of such committee and so certified. (89 v. 434 § 6.) SECTION 4995. When no nominations were made orig- Substitution of inally for a particular office, it shall be unlawful for any didate by comcommittee appointed for the purpose of filling vacancies mittee unlawful. to name a candidate of another political party for such office or to so name a candidate nominated by petition. When the nomination of a candidate of one party is endorsed by another, it shall be done at the time and in the manner provided for original nominations. (98 v. 176 § 6a.)

NOTE: This section applies merely to the filling of vacancies by the controlling committee of a political party. A person nominated in compliance with law by a political party, may, by the circulation of petitions, become an independent candidate and have his name appear twice upon the ballot at the municipal election as a candidate for the same office. Atty. Gen. 8-23-09.

offices in town

ships and
having less than
2,000 population.

municipalities

SECTION 4996. Nominations of candidates for any Nominations of elective office in any township or in any municipality which candidates for at the last preceding federal census had a population of less than two thousand may, be made by petitions, signed in the aggregate for each candidate by not less than twentyfive qualified electors of such township or village. (103 v. 844.) SECTION 4997. Nominations of candidates for the How nominaoffice of member of the board of education shall be made by nominating papers signed in the aggregate for each candidate by not less than twenty-five qualified electors of the school district, of either sex, in village districts and in city school districts by not less than two per cent of the electors voting at the next preceding general school election in such city school districts. (103 v. 279.)

tions made.